ABUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS application under Section 439 (2) read with Section 401 of the Code of Criminal Procedure, 1973 for cancellation of bail granted to the accused/opposite party Nos. 2 to 5 in connection with Lakhipur Police Station Case No. 119/07 under Sections 147/148/149/302 of the IPC has been preferred by the petitioner contending that the Sub-Divisional Judicial Magistrate (S), Goalpara has no jurisdiction to absolute the interim bail dated 22. 11. 2007 granted by the learned Sessions Judge, Goalpara in favour of the accused persons/opposite party Nos. 2 to 5 in Misc. Cri. Case No. 718/07. The other grounds urged by the learned counsel for the petitioner are that:

(2.) THE facts in brief culminating into filing of this present petition are narrated below:

(3.) ON receipt of the aforesaid FIR the In-Charge, Jaleswar Police Outpost forwarded the same to the Officer-in-Charge, Lakhipur Police Station to register a case and accordingly Lakhipur P. S. Case No. 119/2007 under Sections 147/148/149/302 of IPC was registered.